Whenever the whole or any part of any street, roadway, or highway has been accepted for and is under permanent public maintenance by a city, a county, or the Department of Transportation, that portion of any right-of-way area not exceeding the width thereof lying beyond but abutting on the corporate limits of the city may be annexed to and incorporated within the city by adoption of an ordinance so declaring, without necessity for election of any sort, upon prior consent in writing of any public agency other than the city engaged in maintenance of the right-of-way area to be annexed. Consent on behalf of the Department of Transportation may be given by the director. Consent on behalf of any county may be given by its county commissioners, county board of directors, or other local county agency or governing body having jurisdiction over county roads.
S.C. Code Ann. § 5-3-110
Annexation of right-of-way area of street lying beyond but abutting on corporate limits
Applied in 2 court decisions — leading case St. Andrews Public Service District v. City of Charleston (2002)
Most recently applied in St. Andrews Public Service District v. City of Charleston (May 2002)
1962 Code SECTION 47-18.2; 1971 (57) 299; 1993 Act No. 181, SECTION 60; 2000 Act No. 250, SECTION 3.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.